VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00821
Package ID: USCOURTS-cofc-1_19-vv-00821
Petitioner: Julian Paul
Filed: 2019-11-22
Decided: 2020-01-03
Vaccine: meningococcal
Vaccination date: 2017-01-24
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 65000

AI-assisted case summary:
Julian Paul filed a petition for compensation under the National Vaccine Injury Compensation Program on November 22, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a meningococcal vaccine administered on January 24, 2017. He also received an HPV vaccine on the same day. Petitioner alleged the vaccine was administered in the United States, that he experienced residual effects of his condition for more than six months, and that there had been no prior award or settlement of a civil action for damages. Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these differing positions, the parties filed a joint stipulation on November 21, 2019, agreeing to settle the case. Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Julian Paul was awarded a lump sum of $65,000.00, payable to Petitioner, as compensation for all damages available under the Vaccine Act. The decision was issued on January 3, 2020. Petitioner was represented by Bobbie L. Flynt of Crandall & Pera Law, LLC, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice. The stipulation stated that it was a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and was not an admission by the United States or the Secretary of Health and Human Services that the vaccines caused the alleged SIRVA or any other injury.

Theory of causation field:
Petitioner Julian Paul filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following a meningococcal vaccine administered on January 24, 2017, also receiving an HPV vaccine on the same date. The petition alleged the injury occurred within the Table timeframe and had residual effects for more than six months. Respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $65,000.00 to Petitioner for all damages under the Vaccine Act. The decision was issued on January 3, 2020. Petitioner was represented by Bobbie L. Flynt, and respondent by Lara Ann Englund. The stipulation noted that it was not an admission of causation by the respondent.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00821-0
Date issued/filed: 2020-01-03
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 11/22/2019) regarding 22 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ypb) Service on parties made.
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Case 1:19-vv-00821-UNJ Document 28 Filed 01/03/20 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0821V
UNPUBLISHED
JULIAN PAUL, Chief Special Master Corcoran
Petitioner, Filed: November 22, 2019
v.
SECRETARY OF HEALTH AND Special Processing Unit (SPU); Joint
HUMAN SERVICES, Stipulation on Damages;
Meningococcal Vaccine; Shoulder
Respondent. Injury Related to Vaccine
Administration (SIRVA)
Bobbie L. Flynt, Crandall & Pera Law, LLC, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
On June 4, 2019, Julian Paul filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine injury
(“SIRVA”) as a result of a meningococcal vaccine administered in his left deltoid on
January 24, 2017. Petition at 1; Stipulation, filed November 21, 2019, at ¶¶ 1-4.
Petitioner further alleges the vaccine was administered in the United States, that
Petitioner experienced the residual effects of his condition for more than six months,
and that there has been no prior award or settlement of a civil action for damages as a
result of his condition. Petition at 1, 5; Stipulation at ¶¶ 3-5. “Respondent denies that
petitioner sustained a SIRVA Table injury; denies that the vaccine caused petitioner’s
alleged shoulder injury, or any other injury; and denies that his current condition is a
sequelae of a vaccine-related injury. ” Stipulation at ¶ 6.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). This means the ruling will be available to anyone with access to
the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.
§ 300aa (2012).

Case 1:19-vv-00821-UNJ Document 28 Filed 01/03/20 Page 2 of 7
Nevertheless, on November 21, 2019, the parties filed the attached joint
stipulation, stating that a decision should be entered awarding compensation. I find the
stipulation reasonable and adopt it as my decision awarding damages, on the terms set
forth therein.
Pursuant to the terms stated in the attached Stipulation, I award the following
compensation:
A lump sum of $65,000.00 in the form of a check payable to Petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under § 15(a). Id.
I approve the requested amount for Petitioner’s compensation. In the absence of
a motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed
to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
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Case 1:19-vv-00821-UNJ Document 28 Filed 01/03/20 Page 3 of 7
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
JULIAN PAUL, )
)
Petitioner, )
)
V. ) No. 19-821V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
STIPULATION
The parties hereby stipulate to the following matters:
1. Petitioner Julian Paul ("petitioner") filed a petition for vaccine compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 to 34 (the "Vaccine
Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt
of the meningococcal vaccine, which vaccine is contained in the Vaccine Injury Table (the
"Table"), 42 C.F.R. § 100.3 (a).
2. Petitioner received a meningococcal vaccine and a human papillomavirus ("HPV")
vaccine on or about January 24, 2017.
3. The vaccines were administered within the United States.
4. Petitioner alleges that he sustained a shoulder injury related to vaccine administration
("SIRVA") within the time period set forth in the Table. He further alleges that he experienced
the residual effects of this condition for more than six months.
5. Petitioner represents that there has been no prior award or settlement of a civil action
for damages as a result of his condition.

Case 1:19-vv-00821-UNJ Document 28 Filed 01/03/20 Page 4 of 7
6. Respondent denies that petitioner sustained a SIRVA Table injury; denies that the
vaccine caused petitioner's alleged shoulder injury, or any other injury; and denies that his
current condition is a sequelae of a vaccine-related injury.
7. Maintaining their above-stated positions, the parties nevertheless now agree that the
issues between them shall be settled and that a decision should be entered awarding the
compensation described in paragraph 8 of this Stipulation.
8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with
the terms of this Stipulation, and after petitioner has filed an election to receive compensation
pursuant to 42 U.S.C. § 300aa-2l(a)(l), the Secretary of Health and Human Services will issue
the following vaccine compensation payment:
A lump sum of $65,000.00, in the form of a check payable to petitioner. This amount
represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
9. As soon as practicable after the entry of judgment on entitlement in this case, and after
petitioner has filed both a proper and timely election to receive compensation pursuant to 42
U.S.C. § 300aa-2 l(a)(l), and an application, the parties will submit to further proceedings before
the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this
petition.
I 0. Petitioner and his attorney represent that they have identified to respondent all
known sources of payment for items or services for which the Program is not primarily liable
under 42 U.S.C. § 300aa-I 5(g), including State compensation programs, insurance policies,
Federal or State health benefits programs (other than Title XIX of the Social Security Act (42
U.S.C. § 1396 et seq.)), or entities that provide health services on a pre-paid basis.
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Case 1:19-vv-00821-UNJ Document 28 Filed 01/03/20 Page 5 of 7
11. Payment made pursuant to paragraph 8 and any amounts awarded pursuant to
paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa-15(i), subject
to the availability of sufficient statutory funds.
12. The parties and their attorneys further agree and stipulate that, except for any award
for attorneys' fees and litigation costs and past unreimbursable expenses, the money provided
pursuant to this Stipulation will be used solely for the benefit of petitioner as contemplated by a
strict construction of 42 U.S.C. § 300aa-l 5(a) and (d), and subject to the conditions of 42 U.S.C.
§ 300aa-l 5(g) and (h).
13. In return for the payments described in paragraphs 8 and 9, petitioner, in his
individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns,
does forever irrevocably and unconditionally release, acquit and discharge the United States and
the Secretary of Health and Human Services from any and all actions or causes of action
(including agreements, judgments, claims, damages, loss of services, expenses and all demands
of whatever kind or nature) that have been brought, could have been brought, or could be timely
brought in the Court of Federal Claims, under the National Vaccine Injury Compensation
Program, 42 U.S.C. § 300aa-10 et seq., on account of, or in any way growing out of, any and all
known or unknown, suspected or unsuspected personal injuries to or death of petitioner resulting
from, or alleged to have resulted from, the meningococcal or HPV vaccination administered on
or about January 24, 2017, as alleged by petitioner in a petition for vaccine compensation filed
on or about June 4, 2019, in the United States Court of Federal Claims as petition No. 19-821 V.
14. If petitioner should die prior to entry of judgment, this agreement shall be voidable
upon proper notice to the Court on behalf of either or both of the parties.
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Case 1:19-vv-00821-UNJ Document 28 Filed 01/03/20 Page 6 of 7
15. If the special master fails to issue a decision in complete conformity with the tenns
of this Stipulation or if the Court of Federal Claims fails to enter judgment in conformity with a
decision that is in complete confonnity with the terms of this Stipulation, then the parties'
settlement and this Stipulation shall be voidable at the sole discretion of either party.
16. This Stipulation expresses a full and complete negotiated settlement of liability and
damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, except
as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the
parties hereto to make any payment or to do any act or thing other than is herein expressly stated
and clearly agreed to. The parties further agree and understand that the award described in this
Stipulation may reflect a compromise of the parties' respective positions as to liability and/or
amount of damages, and further, that a change in the nature of the injury or condition or in the
items of compensation sought, is not grounds to modify or revise this agreement.
17. This Stipulation shall not be construed as an admission by the United States or the
Secretary of Health and Human Services that the meningococcal or HPV vaccine caused
petitioner's alleged SIRVA or any other injury or his current condition.
18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's
heirs, executors, administrators, successors, and/or assigns.
END OF STIPULATION
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Case 1:19-vv-00821-UNJ Document 28 Filed 01/03/20 Page 7 of 7
Respectfully submitted,
PETITIONF.R ·
ATTORNEY OF RECORD FOR AUTHORIZED REPRESENT AT lVE
PETITIONER: OF HE A ITORNEY GENERAL:
u -
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0&~~ 2/'6';{
BOBBIE . FLYNT INE E. REEVES
CRANDALL & PERA LAW, LLC Deputy Director
15 ½ N. Franklin Street Torts Branch
Chagrin Falls, OH 44022 Civil Division
(330) 518-7323 U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, DC 20044-0 \ 46
AUTHORIZED REPRESENTATIVE AI TORNEY OF RECORD FOR
OF THE SECRETARY OF HEALTH RESPONDENT:
AND HUMAN SERVICES:
TAMARA OVERBY LARA A. ENGLUND
Acting Director, Division of Senior Trial Attorney
Injury Compensation Programs Torts Branch
Healthcare Systems Bureau Civil Division
U.S. Department of Health U.S. Department of Justice
and Human Services P.O. Box 146
5600 Fishers Lane Benjamin Franklin Station
Parklawn Building, Mail Stop 08Nl46B Washington, DC 20044-0146
Rockville, MD 20857 (202) 307-3013
Dated: " ) .;l, 114
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